insurance policy clause in New York

10 New York opinions name it 4 courts 1945–2009 0 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

Case	Followed	Cited
Tonkin v. California Insurance Co. of San Francisco, Inc.green ny · 1945 · cited in 2 New York opinions naming this issue, 1972–1973 2 sentences 1973Co. of San Francisco, 294 N. Y. 326, 328, 329 ). 1972Co., 294 N. Y. 326, 328-329 ).	1	2

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (7)

Case	Cited	Years
Levinson v. Aetna Casualty & Surety Co. neutral nyappdiv · 1973 2 sentences 1993Co., 42 AD2d 811, 812 ). 1975Co., 42 AD2d 811, 812 ).	2	1975–1993
Maurice Goldman & Sons, Inc. v. Hanover Insurance green ny · 1992 2 sentences 1992Co., 80 NY2d 986 ). 1992Co. , 80 N.Y.2d 986 ).	2	1992–1992
Kalman v. Shubert green ny · 1936 1 sentence 2009Professor Siegel has remarked that the declaratory judgment action has been employed as a way to resolve a relatively unique dispute where the plaintiff is “unable to find among the traditional kinds of action one that will enable her to bring it to court” (see id. at 742, citing Kalman v Shubert, 270 NY 375 [1936]).	1	2009–2009
Breed v. Insurance Co. of North America green ny · 1978 1 sentence 1987The insurance policy clause which is the subject of this action is not ambiguous and does not require the defendant to reimburse the plaintiff for outpatient care he received as treatment for his illness (see, Breed v Insurance Co., 46 NY2d 351 , rearg denied 46 NY2d 940 ).	1	1987–1987
Deso v. London & Lancashire Indemnity Co. of America green ny · 1957 1 sentence 1977An insurance policy requirement that notice be given "as soon as practicable” requires that notice be given within a reasonable time under all the circumstances, and a failure to give such notice, it is well settled, "vitiates the contract as to both the insured and the [party] recovering a judgment against him” (Deso v London & Lancashire Ind. Co. of Amer., 3 NY2d 127 ; Gizzi v State Farm Mut.	1	1977–1977
Hartol Products Corp. v. Prudential Insurance Co. of America green ny · 1943 1 sentence 1975Co., 290 NY 44 .) "If an insurance policy or a clause thereof is reasonably susceptible to two different constructions, the one most favorable to the insured must be adopted” (Levinson v Aetna Cas. & Sur.	1	1975–1975
Scott v. Empire State Degree of Honor yellow nyappdiv · 1923 1 sentence 1945In Scott v. Empire State Degree of Honor ( 204 App. Div. 530 ) which was an action by a beneficiary to recover on an insurance policy where the defense was based on the suicide of the insured, it was held that the coroner’s certificate that the death of the policyholder was caused by suicide, was competent evidence against the beneficiary.	1	1945–1945

Where else courts name it

IL 14 (1920–2025) TX 11 (1911–2021) FL 10 (1952–2024) PA 10 (1951–2018) NY 10 (1945–2009) MI 8 (1951–2017) CA 4 (1975–1999) GA 4 (1979–1993) MO 4 (1983–2019) OH 4 (1964–2011) MA 3 (2004–2023) DE 3 (1973–2010) AZ 3 (1972–2014) CT 3 (1994–2002) IN 3 (1982–2014) AK 2 (1994–2000) WV 2 (1979–1990) NE 2 (1987–1989)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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